Oral Histories of 2013: What It Was Like Suing The Government for Gay Rights—And Winning

Excerpted from The Oral History of 2013 in Esquire's December 2013 edition, in newsstands now.

"I BELIEVE IN OUR CONSTITUTION. I BELIEVE IN EQUALITY AND JUSTICE FOR ALL."

JUNE 26, 10:00 A.M.

THE DEFENSE OF MARRIAGE ACT DECLARED UNCONSTITUTIONAL

EDITH WINDSOR, PLAINTIFF, UNITED STATES V. WINDSOR

It was the last possible day for the decision. I arrived at my lawyer Robbie Kaplan's house at 9:00 A.M. Robbie, her spouse, and Ariel Levy, a New York-er magazine reporter who was writing a story about me, and other lawyers from my legal team were there. We sat around the dining table, each of us with a small laptop tuned into SCOTUSblog. I would have preferred to be home, where I could be dressing for the press conference while waiting, but my apartment was under construction and Robbie and I both felt it was important to be together when we heard the decision. My wife, Thea, used to say, "The shortest measurable unit of time was between when Edie walked in the front door from work and when she appeared in her pajamas." Somewhere halfway through that waiting hour before SCOTUS announced the decision at about ten, I posited that the longest measure of time was the minute leading up to the appearance of a decision on SCOTUSblog.

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I had prepared three speeches: one if we won all the way, one if we "won" as applied, and the third if we lost. I couldn't imagine that the justices would throw out the two lower courts' decisions. But I felt very anxious that the decision might be as applied to me only. I felt a strong obligation to the LGBT community and couldn't bear having to say that I won and they lost.

When they announced the decision, I wasn't shocked. In some ways I was like myself as a little kid in sixth-grade civics class. I believe in our Constitution. I believe in equality and justice for all. And I believe in the Supreme Court. They sometimes get it wrong, but mostly they get it right. I wish I could have told Thea and my mother. They would have been so pleased. —AS TOLD TO ELIZABETH SILE